OCGA 19-6-5(a) lists eight factors a Georgia court must consider in setting the amount of alimony. Our earlier overview of the factors that affect alimony awards covers them generally; this post is about the statute itself.
What the Statute Says
OCGA 19-6-5(a) provides that “[t]he following shall be considered in determining the amount of alimony, if any, to be awarded: (1) The standard of living established during the marriage; (2) The duration of the marriage; (3) The age and the physical and emotional condition of both parties; (4) The financial resources of each party; (5) Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment; (6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party; (7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and (8) Such other relevant factors as the court deems equitable and proper.”
The Factors Are Not a Formula
The list guides discretion; it does not produce a number. In McDonald v. McDonald, 229 Ga. 702 (1972), the Georgia Supreme Court said it is “impossible to fix any rule for a precise mathematical calculation of the amount of permanent alimony.” Moreover, in Sprouse v. Sprouse, 285 Ga. 468 (2009), the court held that “no one factor is dispositive,” and that the catchall in (a)(8) reaches even the years a couple lived together before marrying.
Two Limits
The list governs the amount, not whether alimony is awarded at all. In Stanley v. Stanley, 281 Ga. 672 (2007), the trial court awarded no alimony, and the Georgia Supreme Court held that its “consideration of the factors relevant to determining the amount thereof was obviated.” Nor must the decree contain findings on each factor. Southerland v. Southerland, 278 Ga. 188 (2004).
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!